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2026 Supreme(Online)(Mad) 20720
IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
R.Dharmaraja – Appellant
Versus
The Regional Passport Officer, Regional Passport Office – Respondent
Writ Petition | WP(MD) No.5332 of 2026
For the Petitioner: Mr.M.Pirithivirajan
For R1: Mr.T.Mahendran, CGSC
For R2 & R3:Mr.M.Vikkam Karunanithi Government Advocate
The mere pendency of an FIR does not constitute pending criminal proceedings unless a judicial magistrate has taken cognizance.
Headnote:This Writ Petition involves an application for the re-issuance of a passport under Article 226 of the Constitution of India, citing the Passport Act, 1967. The petitioner asserts that their application has not been processed due to a pending criminal case. The court finds that mere pendency of an FIR does not equate to pending criminal proceedings unless a charge sheet is filed. The court orders the first respondent to consider the application without reference to the pending FIR and issue the passport if eligible. The application shall be processed within four weeks from receipt of the order.
| Table of Content |
|---|
| 1. petitioner's application for passport re-issuance. (Para 1 , 2) |
| 2. application not processed due to pending criminal case. (Para 3) |
| 3. mere pendency of fir does not mean criminal proceedings are pending. (Para 4) |
| 4. writ petition disposed of. (Para 6) |
ORDER
The petitioner is before this Court seeking a direction to the first respondent to re-issue the petitioner’s passport bearing Passport No.R4732180.
2. It is submitted by the learned counsel for the petitioner that before the expiry of the validity of the said passport, the petitioner had submitted an application before the first respondent for re-issuance of the passport. The grievance of the petitioner is that the said application has not been considered till date.
3. The learned Standing Counsel appearing for the first respondent submitted that the petitioner’s application has not been processed since a criminal case has been registered against the petitioner. It is further submitted that under Section 6(2)(f) of the Passport Act, 1967, the Passport Authority is empowered to refuse issuance of a passport if proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India.
4. This Court, in W. Jaihar William v. State of Tamil Nadu, reported in 2014 (2) CWC 684, has held that mere pendency of an FIR cannot be construed as pendency of criminal proceedings unless the Judicial Magistrate has taken cognizance of the offence upon filing of the charge sheet on completion of investigation. 5. In the light of the above, the first respondent is directed to consider the petitioner’s application dated 11.02.2021 for re-issuance of passport without reference to the FIR registered against him and issue the passport, if the petitioner is otherwise eligible for the same. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.
6. Accordingly, this Writ Petition stands disposed of. No costs.
